Cleveland v. Babeu et al

Filing 5

ORDER Petitioner's Application to Proceed In Forma Pauperis is granted. (Doc. 2 .) The Petition and this action are dismissed without prejudice. (Doc. 1 .) The Clerk must enter judgment accordingly. Signed by Judge David G Campbell on 11/26/2012. (KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Christopher Lamar Cleveland,
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Petitioner,
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vs.
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Paul R. Babeu, et al.,
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Respondents.
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No. CV 12-2133-PHX-DGC (SPL)
ORDER

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Petitioner Christopher Lamar Cleveland, who is confined in the Pinal County Jail in

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Florence, Arizona, has filed a pro se Petition for Writ of Habeas Corpus pursuant to 28

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U.S.C. § 2254 and an Application to Proceed In Forma Pauperis. The Court will dismiss the

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Petition and this action.

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I.

Application to Proceed In Forma Pauperis

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Petitioner’s Application to Proceed In Forma Pauperis indicates that his inmate trust

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account balance is less than $25.00. Accordingly, the Application to Proceed In Forma

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Pauperis will be granted. See LRCiv 3.5(b).

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II.

Petition

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On October 9, 2012, Petitioner filed his Petition seeking pretrial habeas relief in

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connection with pending charges in Pinal County Superior Court, case# CR2012-00144, in

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which he is charged with being a sex offender who failed to file a notice of change of address

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or name change.1 Petitioner asserts that,

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The State of Arizona has been using a false entry on Petitioner’s criminal
history file to pass off as a conviction in another state. Since 2001, the
Petitioner has been wrongfully required to register based on a Santa Monica
Superior Court ruling in California. Santa Monica has no superior court
divisions. Therefore this entry is a fictional entry to a federal court.”He names
Pinal County Sheriff Paul R. Babeu, the Arizona Attorney General, Governor
Jan Brewer, and the Pinal County Superior Court as Respondents.

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(Doc. 1 at 4.) In essence, Petitioner disputes that he is validly required to register as a sex

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offender pursuant to A.R.S. § 13-3824.

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Petitioner filed his habeas petition pursuant to 28 U.S.C. § 2254, but he seeks relief

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as to his pending state criminal proceedings. Under § 2254, a court “shall entertain an

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application for a writ of habeas corpus in behalf of a person in custody pursuant to the

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judgment of a State court only on the ground that he is in custody in violation of the

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Constitution or laws or treaties of the United States.” 28 U.S.C. § 2254(a) (emphasis added).

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Petitioner does not allege, nor does it appear, that he is challenging a state court conviction

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or sentence.

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Accordingly, to the extent that Petitioner seeks relief pursuant to § 2254, his Petition will be

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denied as premature.

Instead, he is seeking relief as to pending state criminal proceedings.

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A petitioner may seek federal habeas relief as to pending state criminal proceedings

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under 28 U.S.C. § 2241. Section 2241(c)(3) provides that “the writ of habeas corpus

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[extends to persons who are] ... in custody in violation of the Constitution or laws or treaties

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of the United States ....” See McNeeley v. Blanas, 336 F.3d 822, 824 n.1 (9th Cir. 2003);

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Carden v. State of Montana, 626 F.2d 82, 83 (9th Cir. 1980) (“district court had jurisdiction,

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under 28 U.S.C. § 2241, to issue [a] pretrial writ of habeas corpus”). However, the

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abstention doctrine set forth in Younger v. Harris, 401 U.S. 37 (1971), prevents a federal

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court in most circumstances from directly interceding in ongoing state criminal proceedings.

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See http://apps.supremecourt.az.gov/publicaccess/caselookup.aspx (last visited Nov.
21, 2012). On December 19, 2011, Maricopa County Superior Court issued a bench warrant
for Plaintiff’s arrest after he failed to appear. See http://www.courtminutes.maricopa.
gov/docs/Criminal/122011/m5030335.pdf (last visited Nov. 21, 2012).
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The Younger abstention doctrine also applies while a case works its way through the state

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appellate process, if a prisoner is convicted. New Orleans Pub. Serv., Inc. v. Council of City

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of New Orleans, 491 U.S. 350, 369 (1989). Only in limited, extraordinary circumstances will

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the Younger doctrine not bar federal interference with ongoing (non-final) state criminal

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proceedings. Such circumstances include when a prisoner alleges that he is being subjected

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to double jeopardy. See Mannes v. Gillespie, 967 F.2d 1310, 1312 (9th Cir. 1992). Speedy

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trial claims may also be reviewed if a detainee is seeking to compel the state to bring him to

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trial, rather than seeking dismissal of the charges, and the detainee has exhausted all of his

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state court remedies. Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484, 489-

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90 (1973); see In re Justices of Superior Court Dep’t of Mass. Trial Court, 218 F.3d 11, 18

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& n.5 (1st Cir. 2000).

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Petitioner is attempting to challenge his arrest and detention. Petitioner has not

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alleged any ground that falls within the very limited circumstances in which a federal court

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may intercede in ongoing state criminal proceedings under the Younger doctrine. He does

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not assert a violation of the Fifth Amendment’s Double Jeopardy Clause, or facts to support

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such violation, nor does he allege that his speedy trial rights have been violated. Thus,

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Petitioner has not asserted a basis for a federal court to interfere in state criminal

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proceedings. Because Petitioner’s grounds for relief do not fall within the very limited

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circumstances in which a federal court may intercede in ongoing state criminal proceedings

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under the Younger doctrine, the Petition and this action will be dismissed to the extent that

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he seeks relief under § 2241 pursuant to the Younger abstention doctrine.

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IT IS ORDERED:

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(1)

Petitioner’s Application to Proceed In Forma Pauperis is granted. (Doc. 2.)

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(2)

The Petition and this action are dismissed without prejudice. (Doc. 1.)

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(3)

The Clerk must enter judgment accordingly.

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DATED this 26th day of November, 2012.

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